A promise to endow his share of mortgaged real estate, and he wants to retract his promise
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Fatwa No. ( 2880 )
Q: My son Sulayman ibn 'Abd al-'Aziz al-Sulaymi (may Allah have mercy on him) has passed away, leaving behind four children and their mother. He owned a house that he built with a loan from the Real Estate Fund, after mortgaging the house as is customary. I decided (this was my own judgment) to relinquish all of my share in the inheritance, except for my share in the aforementioned house. I then decided (this was also my own judgment) to endow my share of it as a sacrificial animal for the boy Sulayman (may Allah have mercy on him). After I made this declaration and the attached deed was issued based on the aforementioned declaration, I learned that the house is still mortgaged for the value of the loan. I also fear that this action of mine may hinder the sale of the house after the mortgage is released. Is it permissible for me to retract the endowment? And after that, am I free to dispose of it as I wish, or am I restricted to a specific type of disposal? Please inform us; may Allah reward you.
A: If the situation is as described, the endowment is not valid because the property is mortgaged. Moreover, you did not finalize the endowment; you only promised it by saying, "I will endow my share..." and so on. From this, you should know that there is no blame on you for disposing of it after the mortgage is released, whether by endowment or any other disposal permissible by Islamic law.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My son Sulayman ibn 'Abd al-'Aziz al-Sulaymi (may Allah have mercy on him) has passed away, leaving behind four children and their mother. He owned a house that he built with a loan from the Real Estate Fund, after mortgaging the house as is customary. I decided (this was my own judgment) to relinquish all of my share in the inheritance, except for my share in the aforementioned house. I then decided (this was also my own judgment) to endow my share of it as a sacrificial animal for the boy Sulayman (may Allah have mercy on him). After I made this declaration and the attached deed was issued based on the aforementioned declaration, I learned that the house is still mortgaged for the value of the loan. I also fear that this action of mine may hinder the sale of the house after the mortgage is released. Is it permissible for me to retract the endowment? And after that, am I free to dispose of it as I wish, or am I restricted to a specific type of disposal? Please inform us; may Allah reward you.
A: If the situation is as described, the endowment is not valid because the property is mortgaged. Moreover, you did not finalize the endowment; you only promised it by saying, "I will endow my share..." and so on. From this, you should know that there is no blame on you for disposing of it after the mortgage is released, whether by endowment or any other disposal permissible by Islamic law.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.